1. (a) An ATC shall be prohibited from advertising its products or services except as allowed in this section.

2. (b) The following shall not be considered advertising and shall be allowed:

   1. (1) A business name and logo to be used in labeling, signage, and other materials, however, the use of medical symbols, images of cannabis or cannabis products, paraphernalia, and colloquial references to cannabis or marijuana shall be prohibited from use in the business name or logo;

   2. (2) An exterior sign on the ATC building or property, which displays the business name and logo, the type of business including the words “therapeutic cannabis dispensary,” and which meets the following additional requirements:

      1. a. Such signage shall be designed to assist qualifying patients and designated caregivers to find the ATC without drawing undue attention to the ATC such as through the use of flashing lights;
      2. b. Such signage shall not be illuminated during non-business hours; and
      3. c. A second location for cultivation and processing which is separate from the dispensary location of the ATC shall not be permitted to have an exterior sign;
   3. (3) A listing in a phone book, business directory, search engine, or other place where it is reasonable for a business to maintain an informational presence of its existence, and a description of the nature of the business;

   4. (4) An ATC may maintain a website and social media site(s) for its business, which may contain the following information:

      1. a. ATC name and dispensary location;
      2. b. Contact information;
      3. c. Hours of operation;
      4. d. Services provided;
      5. e. Strains of cannabis available, except that brand names or commercial names of cannabis strains shall not be used on social media sites;
      6. f. Products available;
      7. g. Prices of products, including any available discounts on products;
      8. h. Educational material, including information as described in He-C 402.21 and information regarding the department’s therapeutic cannabis program in general; and
      9. i. Any other information related to the ATC that is not intended to induce, directly or indirectly, the purchase of cannabis by persons who are not qualifying patients or designated caregivers;
   5. (5) The sites in (4) above shall be age-restricted in order to discourage minors from accessing the sites. The use of social media sites that cannot be age-restricted for this purpose shall be prohibited;
   6. (6) Direct mail, text messaging, and e-mail communication, including electronic newsletters, to qualifying patients, designated caregivers, visiting qualifying patients, and other non-minor age individuals who sign up to receive such communications, containing information permitted by (4) above;
   7. (7) Communication and engagement for educational purposes with providers, community leaders, and state and local officials, including the dissemination of information permitted by (4) above and educational materials described in He-C 402.21; and

   8. (8) Communication and engagement with the community for educational purposes or promotion of charitable partnerships, including the dissemination of information permitted by (4) above and educational materials described in He-C 402.21, as follows:

      1. a. With in-state and out-of-state media outlets for interviews with radio, print, television, and podcasts;
      2. b. Hosting and participating in public events, including the listing of such events in places where it is reasonable for a business to do so; and
      3. c. In or at cannabis industry-specific print media or events, respectively.
3. (c) Those activities and materials described in (b) above shall be subject to review by the department upon request.
4. (d) An ATC shall not specifically direct the materials and activities allowed in (b) above to minors, or to persons 25 years of age or younger who are not qualifying patients or designated caregivers except for (b)(6) above, and shall make reasonable efforts to limit the exposure of such persons to these allowed materials and activities. However, incidental exposure to such materials and activities by such persons shall not be considered a violation of these rules.
5. (e) The interior of the registered premises, except for non-dispensing areas of an ATC’s dispensary locations, like a lobby, shall not be visible to public viewing from the exterior of the building or premises. This shall not prevent images of the interior of the ATC to be utilized by the ATC, on its website or social media sites or for other viewing, as long as the images do not include qualifying patients or designated caregivers, without their written consent, or security features which might compromise the security of the ATC.

Source. #10731, eff 11-25-14; ss by #12653, eff 11-1-18; ss by #13673-A, eff 6-26-23